Hi HKvv,
Thanks for the info.
How do you know it's possible for the application to be processed while I stay in Canada on a tourist visa? I don't know where to find info on this.
The reason why I have a one-way ticket is my husband is finishing work from Hong Kong and the company pays for the family for the one-way tickets and I can proof that. Also I am applying for my US visa in case I have to leave Canada. Is that ok?
There is no requirement of where you are located while your PR is being processed. You do have to update your contact information, for example your Canadian address, to send your COPR, if you believe you'll be there when the PR is approved. If you leave your addressed in HK unchanged, then the COPR will be sent there (assuming you have visa-exempt passport), so you need to make sure someone will receive your mail, and send by Fedex/DHL the COPR to you. The only issue with not being in HK is that should you need to go to an interview, you'll have to fly back.
Applying for a US visa is entirely separate issue, and has no bearing to this.
Anyway, when we applied, because of certain delays to the application due to not getting the CIC email for redoing Form 5669, I really thought my spouse may have to travel and wait the COPR while in Canada. I did a lot of reading and came to my own conclusion about what is the safest way to do so. There was many different perspectives and advice, many real personal experience, all good. In the end, it was my own final decision and responsibility. The thing that was important to me was, could I afford even the smallest chance that my wife would be denied entry? That would have been a disaster, and I went through the thought process of what would minimize that possibility.
Sure, dual intent is allowed. It's up to the officer, an individual who has wide range of authority to interpret based on the evidence at that particular time, to grant you entry or not based on whether he/she believes you are going to be acting as a visitor. Another poster just shared a case of rejection, and how the appeal was lost.
The key is that you understand what it means to be a visitor to the CBSA. Your language/words do count, and if English is not your first language, it's natural to be nervous and say some things which do not use the best vocabulary. So first off, you are not moving, but visiting...very important not to use words which imply you are not a visitor. So why are you visiting?--to be with your family, as you will be apart for months while your PR case is being processed, and your citizen spouse and kids, start to resettle in Canada, so you are spending some time as a visitor to be with them. Very reasonable answer. There may be further question of how long you intend to stay. If this is not asked, you are probably lucky and done. If you are asked, well, how do you plan to answer?--will you say you don't know, because clearly you do not have a return ticket at all? Or you say until the PR is complete which is an unknown time period?--if you get a nasty officer who says what if your case is longer than average, what are you going to do? Do you have any commitments back home you have to return to?
It is likely that the further question would be where's your return ticket. If you answer you don't have one, then it is very likely you have to explain why you don't. You may have a good answer, but you see that this is naturally a potential negative you want to show. Your answer may be exactly what you wrote: your tickets were paid by your husband's employer, which only offered 1-way tickets, so you don't have one yet.
Anyway, all of the people here have good intentions, to offer you advice, and wish you a smooth experience. We all hope you are well prepared, whatever decision you make.
As I said like yourself, we almost had to do something similar, and I put myself into the shoes of a CBSA officer. Then I tried to see if I can make myself satisfied if I were that CBSA officer. There's a show called "Border Security"...watch some of the episodes and learn how CBSA asks questions, and what their logic is. It may be a very small chance, but if I am the unlucky one to be scrutinized more than usual, can I afford the outcome? Can I take the risk to get my spouse denied entry and fly back home? I was not paranoid, but I just didn't want to create such a nasty outcome that could have been prevented with better preparation.
In the end, think of everything before they happen, have evidence, etc. so you don't have to scramble. CBSA will judge you based on the evidence you can present at that moment in time, not things you may be able to provide later, as you see in that documented court case. The judge ruled that he agreed with some of the arguments, but they were after the fact, and he did not feel the CBSA officer at the time, based on the evidence available, did anything wrong.
They key is to show that in case your PR application does get denied for whatever reason, you have the ties to your home country to make you want to go back, and the means to do so. With your immediate family (spouse and kids) staying in Canada, your significant (perhaps not all ties) ties are now in Canada (so less reasons to go back), and without your return ticket, you have not demonstrated the means (and arguably even the lack of intent).
Good luck.
